EVSC Board: Most believe all protected in current nondiscrimination policy, others disagree

EVANSVILLE, Ind. — Not including gender identity in the Evansville Vanderburgh School Corp. nondiscrimination policy creates a barrier, according to Wally Paynter.

It sends the wrong message, Paynter said.

“The concern is when they're saying we shouldn’t discriminate on this basis, but then they leave out a category they’re sending a message that it’s OK to discriminate against people, employees and students on the basis of gender identity,” he said.

Paynter is president of Tri-State Alliance, or TSA, a local group that provides support and advocacy for lesbian, gay, bisexual and transgender youth. Last year the group requested sexual orientation and gender identity be added to the EVSC’s nondiscrimination policy.

Sexual orientation was added at a June 2017 meeting, but not gender identity.

“It was glazed over,” Paynter said. “I don’t believe there was any discussion in public on this issue.”

However, most EVSC School Board members believe the current policy already protects everyone.

EVSC’s current nondiscrimination policy, which is listed on the district’s website under bylaws & policies, states: “It is the policy of the Evansville Vanderburgh School Corporation not to discriminate on the basis of race, color, religion, gender, sexual orientation, veteran status, genetic information, national origin, age, limited English proficiency, or disability in its programs or employment policies."

TSA supporters have written letters to EVSC School Board members to express their desire to add gender identity to the nondiscrimination policy. However, Paynter said they stopped receiving feedback this year so some supporters decided to take their thoughts to board meetings.

Bethel United Church of Christ Rev. Raygan Baker spoke during public comment at Tuesday night’s school board meeting. Baker asked members to add gender identity and gender expression to the school district’s nondiscrimination policy.

“If so many groups are named in the nondiscrimination policy, then especially to students who are gender nonconforming or transgender, it is constantly apparent they are not included and they are not protected in the same way other vulnerable groups might be,” he said.

Baker doesn’t want to start a fight, he said, because he believes the board ultimately cares about students. He said he’s just trying to encourage growth. He said students who aren’t included in the nondiscrimination policy feel silenced and ignored.

“I think to them it seems not being included in the policy seems not just blatant, but almost the refusal to hear it or consider it makes them feel silent and made invisible again in a way that is done to them so often in every part of society,” Baker said. “The school board isn’t the bad guy, they’re one part of the system that does it to them all the time. But it’s the refusal to talk about it or acknowledge it’s an issue. It just makes them feel invisible and not listened to and not heard all over again.”

Not all school board members returned phone calls and a few deferred comment to EVSC attorney Pat Shoulders, while others believe the policy is all-encompassing.

Board member Andy Guarino said the board strives to follow state and federal law while accommodating roughly 23,000 EVSC students.

“We feel comfortable with that because we don’t want to discriminate against any one at any time. A student is a student and that’s the way we look at everybody and we try to be fair and logical,” Guarino said.

“We want to be fair and treat everybody alike,” he said. “And the thing is once you start, where do you stop? Because there are all types of groups, and it’s better to have a single statement to cover it all.”

Duckworth said the board has had “a lot” of discussions concerning adding gender identity to the nondiscrimination policy, but he called it a “work in progress.”

“We don’t want to mistreat anyone," he said. "But we have to balance this and make sure the decision we make is something that our schools can actually enact and that they can deal with on a daily basis. I want to be respectful of all students and their rights, but I want this to be something that’s decided by laws that are enacted that everyone has to follow.”

EVSC School Board President Rance Ossenberg and Vice President Chris Kiefer said they couldn’t comment specifically on the situation, both citing an active lawsuit against the EVSC.

In February, a transgender EVSC high schooler filed the lawsuit claiming unlawful discrimination after a request to use their bathroom of choice was denied. The student is suing the EVSC for restroom access.

Shoulders noted the lawsuit is pending in federal court, and said it seeks to coerce the school corporation into allowing transgender students to use the bathroom of their choice.

“I think, frankly, that may be the hidden agenda behind some of the speakers at the board meetings,” Shoulders said.

Shoulders said he hasn’t been made aware of any discussion among the board concerning amending the current nondiscrimination policy.

“That policy is broadly written and ensures the corporation will not discriminate against any individual,” he said. “As we talked about in the meeting the other night, I think there is some confusion going on. Discrimination and safety are two different things.”

At Tuesday’s meeting, Kiefer asked Shoulders to reacquaint the board with the district’s bullying policy, which Kiefer said doesn’t discriminate against anyone.

Baker said he thinks Tuesday night was a missed opportunity for both sides to hear each other.

Most organizations have a nondiscrimination policy, but wording varies among them.

In 2011, Evansville’s City Council unanimously approved including age, sexual orientation and gender identity to the city’s nondiscrimination code. The approved ordinance defined sexual orientation as being male or female sexuality, homosexuality, bisexuality, real or perceived, by orientation or practice.

"It's an important economic step, and it shows that Evansville is a community that welcomes diversity," Paynter told the Courier & Press at the time.

Baker is not the first community member to express a desire for gender identity to be included in the EVSC nondiscrimination policy.

At the May 7 board meeting, Mary MacGregor said she's interested in diversity and safety in Evansville schools and said the E is for Everyone slogan is "brilliant" and needs to be used in the school system.

And at a Feb. 5 board meeting, North High School student Arthur Westcott also asked board members to consider including gender identity in the school district's nondiscrimination policy.

“With gender identity being added to the nondiscrimination policy, you are saying that you are providing a safe place for students like me,” Westcott said in February. “As of now, I don’t feel safe with there not being gender identity in the nondiscrimination policy."

Paynter said more people want to voice their opinion to add gender identity to the EVSC's policy, so they plan to continue speaking during public comment at board meetings.

“This is a barrier,” he said. “And it sets a tone for the school corporation of how they’re going to treat trans students. I really think most teachers and staff are very supportive of trans students. It’s the superintendent and the school board that are dragging their heels.”